Invoice document with redacted content, DEP Box 56

NYC 9/11 Public Portal Document

06/03/1996 17:28 5227 PAGE 02

T men Construction Inc. 388 Third Avenue, Brooklyn NY 11715 Tel: (718) 694-0900 Fax;(718) 694-0200 Email. [email protected]

November 21, 2003

Mr. It. Radixaluishuwt, P.E., Director NY City Dept of Environmental Protection Asbestos Control Program 59-i7Junctlon Blvd. Send via fan: 718 595-3648 Flushing, NY 11373

Re: HVAC Payment D epandes

We are in receipt of your batter dated September 23,2003, In which you state that items billed for In payment applications 22,23 and 24 (Baseboard Hems and Through the Wall HVAC tit) are not reimbursable under the terms of the cost act.

In your lettar,•yoa make reference ton section of the contract that states: The cleaning contractor is responsible for cleaning dances. comma space and portions of the HVAC systems identified by the Monitoring Contractor. Tecate Construction Inc. (TCI) has no argument with that reference or condition of the contract. TCI agrees 100% that we are responsible under the terms of the contract for the completion of wo* as identified in the "scope of work".

TCI disagrees with your determination that the cleaning of baseboard heaters in common spaces is Included our base contract work The Scope of Work A for Reside tia1 Spaces specifically identifies wider section 3.r. that: "Baseboard heater will be cleaned. Protective covers on funned radiant heat heaters and besaboatdhanters will be removed to earpose heat elements. Fins we to be brushed and vacuumed to remove dust." The minknetm cleaning rents for conunon spaces makes no mention of cleaning baseboard hers. Although the cleanug of baseboard heaters is included In the cleaning of apadtatents, at Is not Included in the cleaning of Cosiseon Spaces. TCI negotiated unit prices for cleaning of various HVAC its, including baseboard heatetrs. It is TCI's position that although we can be directed by the monitoring contractor or EPA to clean baseboard heaters at common spaces, this is outside the base scope of work and compensable under to separately negotiated unit prices. TCI also disagrees with year detenouination that the cleating of Through the Wall 14VAC Units In residences Is included-ii our base contract work. The Scope of Work A for Residential Spy specl$cally Identifies under Section 3Jt. that: "Inn Wdischatge registers of HVAC systems (Ifpresent) will be reniovedfcleanel. The first foot of duct work will also be vacrmi red; them the registers will be reinstalled and covered with a layer of 6 mill po yctitylete sheeting." Section 3.1. states: "Window and room * conditioners will be vacuumed, wet wiped and removed from their housing .......Air conditioners will be reassembled and reinatadded after cleaning." There is no mention of Through the Wd HVAC Units Included is the Scope of Work A, Cleaning of Residential Spam Although EPA origixtaily contended that these units were act IIVAC esks merely air conditioner, they interchanged their position so this should not be part of this d'lstussioo. TCI negotiated tacit prices for cleaning of various HVAC its, including Through the Wall HVAC Units. It Is TCI's position that we can be directed by the monitoring contractor or EPA to clean Through the Wall HYAC units In

Hsizrn'dous Waste auage uestt~® Asbestos, Lead Pitlat,nMold v Coutaia1 aced Soil * oReoi struetiou u

NYC-WTC 000135971